Harsh Santosh Kshirsagar @ Rado v. State Of Maharashtra

9-aba-945-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.945 OF 2023 Harsh S. Kshirsagar @ Rado ...Applicant V/s.

State of Maharashtra

...Respondent.

Mr. Vishal Kolekar a/w. Mr. Shubham Kadam for the Applicant. Mrs. Veera Shinde, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

03.04.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No. 622 of 2022 registered at Yerwada Police Station, Pune for the ofences punishable under Sections 307, 323, 506 read with 34 of the Indian Penal Code, Section 4 read with 25 of the Arms Act and Section 37(1) read with 135 of the Maharashtra Police Act. 3.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 4.

According to the prosecution, the applicant and other coaccused, who were residing in the neighbourhood of the complainant were annoyed with her due to her inter-caste/love marriage. It is alleged that, thus, on the date of incident which took place on 29 December 2022, the present applicant and other Dinesh S. Sherla 1/2

9-aba-945-23.doc co-accused assaulted the complainant by some sharp weapon and attempted to kill her.

5.

There is a cross-FIR in relation to the alleged incident. Apart from it, the applicant was not armed with any weapon. There are no other criminal antecedents. Considering the overall facts and circumstances, I am inclined to release the applicant on anticipatory bail. In the result the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No. 622 of 2022 registered at Yerwada Police Station, Pune for the ofences punishable under Sections 307, 323, 506 read with 34 of the Indian Penal Code, Section 4 read with 25 of the Arms Act and Section 37(1) read with 135 of the Maharashtra Police Act, he be released on bail on executing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount. C) The applicant shall not enter into the limits of Pune city for a period of one year except to attend the dates before the trial Court.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2